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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police and Emergency Services)
Contents
Page
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police and Emergency Services)
Firearms and Prohibited Weapons Legislation Amendment Bill 2017
A Bill for
An Act to amend legislation about firearms and prohibited weapons
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Firearms and Prohibited Weapons Legislation Amendment Act 2017
.
(1) This Act (other than sections 26, 27, 28 and 31) commences on the day after its notification day.
(2) Sections 26, 27 and 28 commence 6 months after this Act’s notification day.
(3) Section 31 commences 1 month after this Act’s notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
.
4 Authority to possess and use firearms
temporarily
Section 14 (2) (d)
substitute
(d) the instructor is authorised under subsection (3) to possess or use the firearm.
substitute
(b) the firearm is a registered firearm; and
(ba) the person is licensed to possess or use a firearm of that kind; and
6 Assessing suitability of
individuals—discretionary criteria
Section 18 (2), definition of
law enforcement agency, paragraph (d)
substitute
(d) the Australian Criminal Intelligence Commission;
insert
18A Protection of security sensitive information
(1) This section applies if, in deciding an individual’s suitability under section 17, the registrar—
(a) considers discretionary criteria under section 18 (1) (c) in relation to the individual; and
(b) believes on reasonable grounds that information held by a law enforcement agency in relation to the individual indicates that it would be contrary to the public interest for the individual to have access to a firearm.
(2) The registrar is not required under this Act or any other territory law to give reasons for the registrar’s decision to the extent that giving those reasons would disclose security sensitive information.
(3) In this section:
law enforcement agency—see section 18 (2).
security sensitive information means information held by a law enforcement agency that relates to actual or suspected criminal activity (whether in the ACT or elsewhere) the disclosure of which could reasonably be expected to—
(a) prejudice a criminal investigation; or
(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c) endanger a person’s life or physical safety.
18B ACAT or court review—decision on security sensitive information
(1) This section applies if—
(a) an individual applies to the ACAT or the court for review of a decision of the registrar under this Act (the relevant decision); and
(b) the registrar has not given reasons for the relevant decision under section 18A (2).
(2) The registrar must apply to the ACAT or the court for a decision about whether the reasons disclose security sensitive information.
(3) The registrar need not notify anyone about the registrar’s application (including the applicant for the review of the relevant decision) unless the ACAT or the court otherwise orders.
(4) On application, the ACAT or the court must decide whether the information is, or is not, security sensitive information.
(5) In this section:
security sensitive information—see section 18A (3).
18C ACAT or court review—dealing with security sensitive information
(1) This section applies if the ACAT or the court decides under section 18B that reasons for a relevant decision disclose security sensitive information.
(2) In deciding an application for review of the relevant decision, the ACAT or the court must—
(a) ensure security sensitive information is not disclosed in any reasons for the decision; and
(b) receive evidence and submissions that would disclose security sensitive information in private, in the absence of the public, the applicant for review, the applicant’s representative and any other interested party.
(3) However, the ACAT or court need not receive evidence or submissions in accordance with subsection (2) (b) if the registrar otherwise agrees.
(4) In this section:
relevant decision—see section 18B (1) (a).
security sensitive information—see section 18A
(3).
8 Firearms declarations by
registrar
Section 31 (2)
substitute
(2) A declaration remains in force for 3 months.
9 Delegation by registrar
New
section 35 (2)
before the notes, insert
(2) However, the registrar must not delegate the registrar’s functions under sections 18A, 18B or 18C.
10 Adult firearms
licences—refusal
Section 58 (1) (d)
substitute
(d) that the applicant will comply with the following in relation to the storage of each registered firearm held under the licence:
(i) for a firearm stored in the ACT—part 12 (Safe storage of firearms);
(ii) for a firearm stored in New South Wales—the requirements for storage under a permit issued under the Firearms Act 1996
(NSW), section 28; and
substitute
(f) that each registered firearm held under the licence will be—
(i) stored in the ACT; or
(ii) if the applicant’s genuine reason for possessing or using a firearm relates to an activity that occurs in New South Wales—authorised to be stored in New South Wales by a permit issued under the Firearms Act 1996
(NSW), section 28.
12 Adult firearms
licences—conditions
Section 73 (1) (c), except note
substitute
(c) the licensee must store each registered firearm held under the licence—
(i) at the registered premises for the firearm; or
(ii) at premises authorised for storage of the firearm by a permit issued
under the
(NSW), section 28;
before
premises
insert
registered
14 Composite entity firearms
licences—genuine reasons to possess or use firearms
New section
108 (1) (e)
insert
(e) that—
(i) the entity is the owner or operator of a zoo; and
(ii) it is necessary for a person employed in relation to the management of animals at the zoo to possess a firearm in the course of employment.
15 Composite entity firearms
licences—restriction on issue of category C licences
Section 111
(a)
substitute
(a) the genuine reason established by the composite entity to possess or use a firearm is—
(i) that the entity is—
(A) engaged in primary production; or
(B) operating a zoo; or
(ii) a genuine reason prescribed by regulation; and
16 Evidentiary
certificates
Section 269 (1) (p) (i), new dot point
insert
• section 41 (Registrar’s approval to possess ammunition as collector);
17 Prohibited
firearms
Schedule 1, item 11
substitute
11
|
a firearm with a suppressor attached if there is no permit to possess or
use the suppressor in relation to the firearm under the Prohibited
Weapons Act 1996
|
, section 9
18 Dictionary, new definition of suppressor
insert
suppressor—see the Prohibited Weapons Act 1996
, dictionary.
Part 3 Firearms Regulation 2008
19 Not firearms—Act, s 6 (2)
(a)
Section 6 (1) (a) and (b)
substitute
(a) an antique firearm;
(b) a firearm (other than an antique firearm or an antique revolver) manufactured before 1900 for which ammunition is not commercially available;
20 Section 6 (2), new definitions
insert
antique firearm means any firearm manufactured before 1900 that—
(a) in the case of a firearm other than a pistol—
(i) is not capable of discharging breech-loaded metallic cartridges; or
(ii) is a firearm for which the ammunition is declared under section 6A to be ammunition that is not commercially available; or
(b) in the case of a pistol—is not capable of discharging breech-loaded metallic cartridges.
antique revolver means an antique firearm that is a percussion lock pistol equipped with a revolving cylinder.
21 Section 6 (2), definition of pre-percussion pistol
omit
in part 1, insert
6A Registrar may declare ammunition not commercially available
(1) The registrar may declare that ammunition for an antique firearm is not commercially available.
(2) A declaration under subsection (1) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
23 Category C licences, target
shooting—Act, s 53 (3)
Section 13 (1), note
omit
prohibited weapon
substitute
prohibited firearm
24 Composite entity, evidence of
special need for category C licence—Act, s 272 (2) (o)
Section
30 heading, note
omit
of primary production
omit
responsible person for the licensee
substitute
registered principal
insert
44A Storage of more than 10 category A or category B firearms—Act, s 180 (3)
(1) This section applies if—
(a) a person holds any of the following licences:
(i) a collectors licence;
(ii) a category A licence;
(iii) a category B licence; and
(b) more than 10 category A or category B firearms are stated in the licence.
(2) The person takes reasonable steps to ensure that the firearms are stored safely if the firearms are stored in a metal safe or a concrete or brick safe of a kind described in section 47 (3).
substitute
46 Storage of not more than 10 category A or category B firearms, collectors—Act, s 180 (3)
omit
Part 4 Prohibited Weapons Act 1996
29 Prohibited articles and weapons
declarations by registrar
Section 4L (2)
substitute
(2) A declaration remains in force for 3 months.
substitute
(1) The registrar may issue a permit authorising the possession or use of—
(a) a prohibited weapon; or
(b) a prohibited article.
31 Prohibited
weapons
Schedule 1, part 1.1, new item 10 and example
insert
10
|
an article or other thing that—
(a) because of its appearance is capable of being mistaken for something
else that is not a weapon; and
(b) disguises or conceals within it a single-edged or multi-edged blade
or spike
Example
credit card knife
|
32 Prohibited
articles
Schedule 2, item 1
substitute
1
|
body armour
|
substitute
3
|
a suppressor
|
insert
8A
|
a centre-fire rifle magazine (other than a centre-fire self-loading rifle
magazine) with a capacity of more than 10 rounds
|
35 Dictionary, new definitions
insert
anti-ballistic means resistant to the penetration of a projectile discharged from a firearm.
anti-fragmentation means resistant to the penetration of material discharged when an explosive device is detonated.
body armour means—
(a) an article that is designed—
(i) for anti-ballistic or anti-fragmentation purposes; and
(ii) to be worn on, or cover, the human body; but
(b) does not include any of the following:
(i) a helmet;
(ii) an anti-ballistic article designed for sight or hearing protection;
(iii) a vest or plate carrier designed to hold anti-ballistic or anti-fragmentation protection but without the anti-ballistic or anti-fragmentation protection included in the vest or plate carrier.
suppressor means an article or device intended for use to
muffle, reduce or stop the noise created by firing a firearm.
Part 5 Prohibited Weapons Regulation 1997
substitute
12 Possession and use of body armour
omit
soft
omit
insert
12A Possession and use of suppressors
(1) The registrar must not issue a permit authorising a person to possess or use a suppressor unless—
(a) the person is an authorised person; and
(b) the suppressor is being used for an authorised purpose.
(2) The following activities are authorised purposes for this section:
(a) at the direction, or under the authority, of a conservation officer—killing fauna on public land reserved under the territory plan
for a purpose mentioned in the Planning and Development Act 2007
, section 315 (Reserved areas—public land);
(b) for a conservation officer or veterinary surgeon—killing fauna to alleviate its suffering;
(c) for an employee of the CSIRO—undertaking an expedition to collect museum specimens;
(d) for a firearms dealer—carrying out activities that are reasonable and necessary for a firearms dealer to manufacture, acquire, dispose of, repair, maintain or test firearms or firearm parts;
(e) for a lessee of land held under a rural lease or a person authorised by the lessee—killing fauna on the rural lease.
(3) In this section:
authorised person means a person who—
(a) holds a licence or permit or is otherwise authorised under the Firearms Act 1996
to possess or use a prohibited firearm; and
(b) is—
(i) a conservation officer; or
(ii) contracted or otherwise authorised by the Territory to kill particular fauna; or
Note The conservator or custodian of unleased land or public land must take reasonable steps to implement a controlled native species management plan and may authorise another person to take action to implement the plan (see Nature Conservation Act 2014
, s 167).
(iii) a veterinary surgeon; or
(iv) authorised by a licence under the Firearms Act 1996
to carry on business as a firearms dealer, including manufacturing, acquiring, disposing of, repairing, maintaining or testing firearms or firearm parts; or
(v) employed by the CSIRO; or
(vi) a lessee of land held under a rural lease, or a person lawfully authorised by the lessee.
conservation officer means a person who is appointed as a conservation officer under the Nature Conservation Act 2014
, section 28 (Conservation officers—appointment).
CSIRO means the Commonwealth Scientific and Industrial Research Organisation established by the Science and Industry Research Act 1949
(Cwlth).
fauna includes the following:
(a) a native animal;
(b) an animal declared to be a pest animal under the Pest Plants and Animals Act 2005
, section 16;
(c) stock.
rural lease—see the Planning and Development Act 2007
, dictionary.
stock—see the Stock Act 2005
, dictionary.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 14 September 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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